preliminarily

MISHNAH: One does not sell Second Tithe, one does not take it as a pledge, one does not barter it, and one does not weigh corresponding to it. One should not say to his neighbor in Jerusalem, here you have wine, give me its value in oil, but they may give free gifts to one another. One may not sell animal tithe unblemished alive, or blemished alive or slaughtered, and one may not use it for preliminarily marrying a woman. One may sell a firstling unblemished alive, blemished alive or slaughtered, and one may use it for preliminarily marrying a woman. One does not exchange Second Tithe by a blank, or by a coin not in circulation, or on money not in his possession.

MISHNAH: One does not sell Second Tithe, one does not take it as a pledge, one does not barter it, and one does not weigh corresponding to it. One should not say to his neighbor in Jerusalem, here you have wine, give me its value in oil, but they may give free gifts to one another. One may not sell animal tithe unblemished alive, or blemished alive or slaughtered, and one may not use it for preliminarily marrying a woman. One may sell a firstling unblemished alive, blemished alive or slaughtered, and one may use it for preliminarily marrying a woman. One does not exchange Second Tithe by a blank, or by a coin not in circulation, or on money not in his possession.

“One may not use it for preliminarily marrying a woman.” But one may use its sinews, bones, horns, and hooves for preliminary marriage. Rebbi Eleazar said, because a blessing is mentioned for it. Why can one not use its meat for preliminary marriage? Rebbi Yose said, they learned tithe only from Cohanim’s bans. Since one may not use Cohanim’s bans for preliminary marriage, one may not use any sacrifices for preliminary marriage. Then one should not be able to use its sinews, bones, horns, and hooves for preliminary marriage. One needs what Rebbi Eleazar said, because a blessing is mentioned for it.

Rebbi Yudan asked: If somebody said to a woman, draw this animal tithe to you from me and be preliminarily married to me by it after slaughtering. Since it is in his hand to slaughter, is she immediately preliminarily married or only after slaughtering?

Rebbi Yudan asked: If somebody said to a woman, draw this animal tithe to you from me and be preliminarily married to me by it after slaughtering. Since it is in his hand to slaughter, is she immediately preliminarily married or only after slaughtering?

An adult who was taken captive among Gentiles. Rav and Samuel, one said, he counts six and keeps the Sabbath, but the other said, he keeps the Sabbath and counts six. Rebbi Isaac ben Eleazar in the name of Rav Naḥman bar Jacob: he counts six and keeps the Sabbath, five and keeps the Sabbath, four and keeps the Sabbath, three and keeps the Sabbath, two and keeps the Sabbath, one and keeps the Sabbath. Rebbi Mana said, if he was abducted on Tuesday he makes the Sabbath (great was his power) [profane]. At the second period he makes the Sabbath (if not to wonder) [only the eighth]. Therefore he should worry about all days, as by the following: If he preliminarily married a woman in Elam. Rebbi Jacob bar Aḥa: Rebbi Joḥanan and Rebbi Simeon ben Laqish. Rebbi Joḥanan says, he worries about all women. Rebbi Simeon ben Laqish said, he does not worry about all women. There he has a fix, he may marry a convert, he may marry a freedwoman. Here what do you have? There, they are saying, he worries about all days and works for the necessities of life.

HALAKHAH: Paragraph. “A person may make his eruv conditional,” etc. So is the Mishnah: “A person can impose a condition on his ˋeruvin.” Rebbi Eleazar said, who is the Tanna of “if they came”, “if they did not come”? Rebbi Meïr! Which Rebbi Meïr? The colleagues say, Rebbi Meïr of Qiddušin. As it was stated: If somebody say to a woman: You are preliminarily married to me on condition that there will be rain. If rain fell, she is preliminarily married, otherwise she is not preliminarily married. Rebbi Meïr says, she is preliminarily married whether or not rain fell unless he doubled his condition. Everybody agrees that if he said, after rainfall, if it rained she is preliminarily married, otherwise she is not preliminarily married. (But following the rabbis she is preliminarily married whether rain fell or not.) Rebbi Yose said, it follows Rebbi Meïr in Eruvin, as we have stated there: “If it is a matter of uncertainty„ Rebbi Meïr and Rebbi Jehudah say, he is a donkey driver-camel driver.” Rebbi Yose said, Rebbi Meïr said this only as a restriction. Rebbi Mana said, that is correct. He cannot acquire his ˋeruv since he is not able to enjoy it. [Why not] like the people of his place? If he had decided to leave his place. And here, she is not preliminarily married to the first, since no rain came. She is not preliminarily married to the second, since the first did not double his condition. Rebbi Ḥaggai asked before Rebbi Yose: Is this “if” not a reaction? He answered, there is a difference since the land was in their hand and he wanted to take it away from them.

HALAKHAH: Paragraph. “A person may make his eruv conditional,” etc. So is the Mishnah: “A person can impose a condition on his ˋeruvin.” Rebbi Eleazar said, who is the Tanna of “if they came”, “if they did not come”? Rebbi Meïr! Which Rebbi Meïr? The colleagues say, Rebbi Meïr of Qiddušin. As it was stated: If somebody say to a woman: You are preliminarily married to me on condition that there will be rain. If rain fell, she is preliminarily married, otherwise she is not preliminarily married. Rebbi Meïr says, she is preliminarily married whether or not rain fell unless he doubled his condition. Everybody agrees that if he said, after rainfall, if it rained she is preliminarily married, otherwise she is not preliminarily married. (But following the rabbis she is preliminarily married whether rain fell or not.) Rebbi Yose said, it follows Rebbi Meïr in Eruvin, as we have stated there: “If it is a matter of uncertainty„ Rebbi Meïr and Rebbi Jehudah say, he is a donkey driver-camel driver.” Rebbi Yose said, Rebbi Meïr said this only as a restriction. Rebbi Mana said, that is correct. He cannot acquire his ˋeruv since he is not able to enjoy it. [Why not] like the people of his place? If he had decided to leave his place. And here, she is not preliminarily married to the first, since no rain came. She is not preliminarily married to the second, since the first did not double his condition. Rebbi Ḥaggai asked before Rebbi Yose: Is this “if” not a reaction? He answered, there is a difference since the land was in their hand and he wanted to take it away from them.

HALAKHAH: Paragraph. “A person may make his eruv conditional,” etc. So is the Mishnah: “A person can impose a condition on his ˋeruvin.” Rebbi Eleazar said, who is the Tanna of “if they came”, “if they did not come”? Rebbi Meïr! Which Rebbi Meïr? The colleagues say, Rebbi Meïr of Qiddušin. As it was stated: If somebody say to a woman: You are preliminarily married to me on condition that there will be rain. If rain fell, she is preliminarily married, otherwise she is not preliminarily married. Rebbi Meïr says, she is preliminarily married whether or not rain fell unless he doubled his condition. Everybody agrees that if he said, after rainfall, if it rained she is preliminarily married, otherwise she is not preliminarily married. (But following the rabbis she is preliminarily married whether rain fell or not.) Rebbi Yose said, it follows Rebbi Meïr in Eruvin, as we have stated there: “If it is a matter of uncertainty„ Rebbi Meïr and Rebbi Jehudah say, he is a donkey driver-camel driver.” Rebbi Yose said, Rebbi Meïr said this only as a restriction. Rebbi Mana said, that is correct. He cannot acquire his ˋeruv since he is not able to enjoy it. [Why not] like the people of his place? If he had decided to leave his place. And here, she is not preliminarily married to the first, since no rain came. She is not preliminarily married to the second, since the first did not double his condition. Rebbi Ḥaggai asked before Rebbi Yose: Is this “if” not a reaction? He answered, there is a difference since the land was in their hand and he wanted to take it away from them.

HALAKHAH: Paragraph. “A person may make his eruv conditional,” etc. So is the Mishnah: “A person can impose a condition on his ˋeruvin.” Rebbi Eleazar said, who is the Tanna of “if they came”, “if they did not come”? Rebbi Meïr! Which Rebbi Meïr? The colleagues say, Rebbi Meïr of Qiddušin. As it was stated: If somebody say to a woman: You are preliminarily married to me on condition that there will be rain. If rain fell, she is preliminarily married, otherwise she is not preliminarily married. Rebbi Meïr says, she is preliminarily married whether or not rain fell unless he doubled his condition. Everybody agrees that if he said, after rainfall, if it rained she is preliminarily married, otherwise she is not preliminarily married. (But following the rabbis she is preliminarily married whether rain fell or not.) Rebbi Yose said, it follows Rebbi Meïr in Eruvin, as we have stated there: “If it is a matter of uncertainty„ Rebbi Meïr and Rebbi Jehudah say, he is a donkey driver-camel driver.” Rebbi Yose said, Rebbi Meïr said this only as a restriction. Rebbi Mana said, that is correct. He cannot acquire his ˋeruv since he is not able to enjoy it. [Why not] like the people of his place? If he had decided to leave his place. And here, she is not preliminarily married to the first, since no rain came. She is not preliminarily married to the second, since the first did not double his condition. Rebbi Ḥaggai asked before Rebbi Yose: Is this “if” not a reaction? He answered, there is a difference since the land was in their hand and he wanted to take it away from them.

HALAKHAH: Paragraph. “A person may make his eruv conditional,” etc. So is the Mishnah: “A person can impose a condition on his ˋeruvin.” Rebbi Eleazar said, who is the Tanna of “if they came”, “if they did not come”? Rebbi Meïr! Which Rebbi Meïr? The colleagues say, Rebbi Meïr of Qiddušin. As it was stated: If somebody say to a woman: You are preliminarily married to me on condition that there will be rain. If rain fell, she is preliminarily married, otherwise she is not preliminarily married. Rebbi Meïr says, she is preliminarily married whether or not rain fell unless he doubled his condition. Everybody agrees that if he said, after rainfall, if it rained she is preliminarily married, otherwise she is not preliminarily married. (But following the rabbis she is preliminarily married whether rain fell or not.) Rebbi Yose said, it follows Rebbi Meïr in Eruvin, as we have stated there: “If it is a matter of uncertainty„ Rebbi Meïr and Rebbi Jehudah say, he is a donkey driver-camel driver.” Rebbi Yose said, Rebbi Meïr said this only as a restriction. Rebbi Mana said, that is correct. He cannot acquire his ˋeruv since he is not able to enjoy it. [Why not] like the people of his place? If he had decided to leave his place. And here, she is not preliminarily married to the first, since no rain came. She is not preliminarily married to the second, since the first did not double his condition. Rebbi Ḥaggai asked before Rebbi Yose: Is this “if” not a reaction? He answered, there is a difference since the land was in their hand and he wanted to take it away from them.

HALAKHAH: Paragraph. “A person may make his eruv conditional,” etc. So is the Mishnah: “A person can impose a condition on his ˋeruvin.” Rebbi Eleazar said, who is the Tanna of “if they came”, “if they did not come”? Rebbi Meïr! Which Rebbi Meïr? The colleagues say, Rebbi Meïr of Qiddušin. As it was stated: If somebody say to a woman: You are preliminarily married to me on condition that there will be rain. If rain fell, she is preliminarily married, otherwise she is not preliminarily married. Rebbi Meïr says, she is preliminarily married whether or not rain fell unless he doubled his condition. Everybody agrees that if he said, after rainfall, if it rained she is preliminarily married, otherwise she is not preliminarily married. (But following the rabbis she is preliminarily married whether rain fell or not.) Rebbi Yose said, it follows Rebbi Meïr in Eruvin, as we have stated there: “If it is a matter of uncertainty„ Rebbi Meïr and Rebbi Jehudah say, he is a donkey driver-camel driver.” Rebbi Yose said, Rebbi Meïr said this only as a restriction. Rebbi Mana said, that is correct. He cannot acquire his ˋeruv since he is not able to enjoy it. [Why not] like the people of his place? If he had decided to leave his place. And here, she is not preliminarily married to the first, since no rain came. She is not preliminarily married to the second, since the first did not double his condition. Rebbi Ḥaggai asked before Rebbi Yose: Is this “if” not a reaction? He answered, there is a difference since the land was in their hand and he wanted to take it away from them.

HALAKHAH: Paragraph. “A person may make his eruv conditional,” etc. So is the Mishnah: “A person can impose a condition on his ˋeruvin.” Rebbi Eleazar said, who is the Tanna of “if they came”, “if they did not come”? Rebbi Meïr! Which Rebbi Meïr? The colleagues say, Rebbi Meïr of Qiddušin. As it was stated: If somebody say to a woman: You are preliminarily married to me on condition that there will be rain. If rain fell, she is preliminarily married, otherwise she is not preliminarily married. Rebbi Meïr says, she is preliminarily married whether or not rain fell unless he doubled his condition. Everybody agrees that if he said, after rainfall, if it rained she is preliminarily married, otherwise she is not preliminarily married. (But following the rabbis she is preliminarily married whether rain fell or not.) Rebbi Yose said, it follows Rebbi Meïr in Eruvin, as we have stated there: “If it is a matter of uncertainty„ Rebbi Meïr and Rebbi Jehudah say, he is a donkey driver-camel driver.” Rebbi Yose said, Rebbi Meïr said this only as a restriction. Rebbi Mana said, that is correct. He cannot acquire his ˋeruv since he is not able to enjoy it. [Why not] like the people of his place? If he had decided to leave his place. And here, she is not preliminarily married to the first, since no rain came. She is not preliminarily married to the second, since the first did not double his condition. Rebbi Ḥaggai asked before Rebbi Yose: Is this “if” not a reaction? He answered, there is a difference since the land was in their hand and he wanted to take it away from them.

HALAKHAH: Paragraph. “A person may make his eruv conditional,” etc. So is the Mishnah: “A person can impose a condition on his ˋeruvin.” Rebbi Eleazar said, who is the Tanna of “if they came”, “if they did not come”? Rebbi Meïr! Which Rebbi Meïr? The colleagues say, Rebbi Meïr of Qiddušin. As it was stated: If somebody say to a woman: You are preliminarily married to me on condition that there will be rain. If rain fell, she is preliminarily married, otherwise she is not preliminarily married. Rebbi Meïr says, she is preliminarily married whether or not rain fell unless he doubled his condition. Everybody agrees that if he said, after rainfall, if it rained she is preliminarily married, otherwise she is not preliminarily married. (But following the rabbis she is preliminarily married whether rain fell or not.) Rebbi Yose said, it follows Rebbi Meïr in Eruvin, as we have stated there: “If it is a matter of uncertainty„ Rebbi Meïr and Rebbi Jehudah say, he is a donkey driver-camel driver.” Rebbi Yose said, Rebbi Meïr said this only as a restriction. Rebbi Mana said, that is correct. He cannot acquire his ˋeruv since he is not able to enjoy it. [Why not] like the people of his place? If he had decided to leave his place. And here, she is not preliminarily married to the first, since no rain came. She is not preliminarily married to the second, since the first did not double his condition. Rebbi Ḥaggai asked before Rebbi Yose: Is this “if” not a reaction? He answered, there is a difference since the land was in their hand and he wanted to take it away from them.

HALAKHAH: Paragraph. “A person may make his eruv conditional,” etc. So is the Mishnah: “A person can impose a condition on his ˋeruvin.” Rebbi Eleazar said, who is the Tanna of “if they came”, “if they did not come”? Rebbi Meïr! Which Rebbi Meïr? The colleagues say, Rebbi Meïr of Qiddušin. As it was stated: If somebody say to a woman: You are preliminarily married to me on condition that there will be rain. If rain fell, she is preliminarily married, otherwise she is not preliminarily married. Rebbi Meïr says, she is preliminarily married whether or not rain fell unless he doubled his condition. Everybody agrees that if he said, after rainfall, if it rained she is preliminarily married, otherwise she is not preliminarily married. (But following the rabbis she is preliminarily married whether rain fell or not.) Rebbi Yose said, it follows Rebbi Meïr in Eruvin, as we have stated there: “If it is a matter of uncertainty„ Rebbi Meïr and Rebbi Jehudah say, he is a donkey driver-camel driver.” Rebbi Yose said, Rebbi Meïr said this only as a restriction. Rebbi Mana said, that is correct. He cannot acquire his ˋeruv since he is not able to enjoy it. [Why not] like the people of his place? If he had decided to leave his place. And here, she is not preliminarily married to the first, since no rain came. She is not preliminarily married to the second, since the first did not double his condition. Rebbi Ḥaggai asked before Rebbi Yose: Is this “if” not a reaction? He answered, there is a difference since the land was in their hand and he wanted to take it away from them.

Rav said, the words of Rebbi Meïr: He who preliminarily marries with leavened matter starting from the sixth hour did not do anything. Rebbi Huna said, this is correct. Would Cordovanian wheat in the desert be any good on the holiday? A person deposited a double sack of bread with the Elder Rebbi Ḥiyya. Rebbi Yose ben Rabbi Abun said, he was Joḥanan from Ḥiqoq. He went and asked Rebbi who told him, it should be sold under judicial supervision at the time of elimination. A person deposited a jar of kutaḥ with Rav Ḥiyya bar Ashi. He went and asked Rav who told him, it should be sold under judicial supervision at the time of elimination. What is the time of elimination? Rebbi Jeremiah said, in the morning. Rebbi Aḥa said, the fifth [hour] following Rebbi Jehudah. Rebbi Yose said, Rebbi Jeremiah said it correctly. Did they not say to touch them in order to sell them only to return a lost article to its owner? In the fifth [hour] following Rebbi Jehudah it is not worth anything.

“A person who is half slave and half freedman may not eat of his master’s.” Rebbi Ḥiyya in the name of Rebbi Joḥanan: If a man who is half slave and half freedman preliminarily married a woman, one disregards his preliminary marriage. It is the same for divorce. Samuel says, one takes notice of his divorce. Samuel’s statement parallels Rebbi Jehudah’s, as we have stated, “One who kidnapped a person half slave and half free Rebbi Jehudah declares punishable but the Sages make him not prosecutable.”

“From where that just as one prepares another Cohen in his stead for maybe a disability will happen to him, so one preliminarily marries to him another wife in case something happen to his wife, as it is said, and he atone for himself and for his house; his house is his wife, the words of Rebbi Jehudah. Rebbi Yose said to him, in that case there is no end to it, maybe not only this wife but also the other wife would die.” Rebbi Mana said, before you question Rebbi Jehudah, question Rebbi Jehudah, question the rabbis! Maybe an emission would happen both to this Cohen and to the other Cohen. Emissions are frequent, death is not frequent. They decided about what is frequent, but did not decide about what is infrequent. We find that Rebbi Jehudah said, death is frequent; that is what we have stated there: “Rebbi Jehudah says, one also prepares for him another wife, maybe his wife would die.” There we have stated: “One who brings a bill of divorce and left him old or sick, delivers to her under the presumption that the man be alive.” There you are saying, death is infrequent, and here you are saying, death is frequent. There it is a private matter, here a public act. Is one more restrictive in public acts, as we have stated: “Rebbi Jehudah says, there was no horn for nests in Jerusalem because of mixing, maybe one of them would die and it would turn out that money of purification sacrifices that must be left to die is mixed up in the offering.” Could he not preliminarily marry her yesterday? And he atone for himself and for his house; but not for two houses. Rebbi Gamliel bar Inyani asked before Rebbi Mana: Is he not like one who acquires something on the Sabbath? He answered him, it is because they permitted Sabbath restriction in the Sanctuary. Rebbi Mana said, this implies that those who marry a widow must take her in when it is still daytime, lest he be like someone who acquires on the Sabbath.

“From where that just as one prepares another Cohen in his stead for maybe a disability will happen to him, so one preliminarily marries to him another wife in case something happen to his wife, as it is said, and he atone for himself and for his house; his house is his wife, the words of Rebbi Jehudah. Rebbi Yose said to him, in that case there is no end to it, maybe not only this wife but also the other wife would die.” Rebbi Mana said, before you question Rebbi Jehudah, question Rebbi Jehudah, question the rabbis! Maybe an emission would happen both to this Cohen and to the other Cohen. Emissions are frequent, death is not frequent. They decided about what is frequent, but did not decide about what is infrequent. We find that Rebbi Jehudah said, death is frequent; that is what we have stated there: “Rebbi Jehudah says, one also prepares for him another wife, maybe his wife would die.” There we have stated: “One who brings a bill of divorce and left him old or sick, delivers to her under the presumption that the man be alive.” There you are saying, death is infrequent, and here you are saying, death is frequent. There it is a private matter, here a public act. Is one more restrictive in public acts, as we have stated: “Rebbi Jehudah says, there was no horn for nests in Jerusalem because of mixing, maybe one of them would die and it would turn out that money of purification sacrifices that must be left to die is mixed up in the offering.” Could he not preliminarily marry her yesterday? And he atone for himself and for his house; but not for two houses. Rebbi Gamliel bar Inyani asked before Rebbi Mana: Is he not like one who acquires something on the Sabbath? He answered him, it is because they permitted Sabbath restriction in the Sanctuary. Rebbi Mana said, this implies that those who marry a widow must take her in when it is still daytime, lest he be like someone who acquires on the Sabbath.

Rebbi Abba bar Cohen said before Rebbi Yose: Rebbi Aḥa in the name of Rebbi Jacob bar Idi: A man may not preliminarily marry on a Friday. That means, to make an engagement feast. This implies that the preliminary marriage itself is permitted. Samuel says, even on the Ninth of Ab a preliminary marriage is permitted, lest another forestall him. The argument of Samuel seems inverted. There, he says, God puts singles in a house; To rise on scales; they all are of vapor! And here, he says so? That means, that he should not forestall him in prayer. Even so, it would not be permanent.

Rebbi Abba bar Cohen said before Rebbi Yose: Rebbi Aḥa in the name of Rebbi Jacob bar Idi: A man may not preliminarily marry on a Friday. That means, to make an engagement feast. This implies that the preliminary marriage itself is permitted. Samuel says, even on the Ninth of Ab a preliminary marriage is permitted, lest another forestall him. The argument of Samuel seems inverted. There, he says, God puts singles in a house; To rise on scales; they all are of vapor! And here, he says so? That means, that he should not forestall him in prayer. Even so, it would not be permanent.

HALAKHAH: Rebbi Joshua ben Levi said, that is a building of enjoyment. But if his wall was inclined, he tears it down and rebuilds it. Samuel said, the wall where he sleeps. Rebbi Abba bar Cohen said before Rebbi Yose: Rebbi Aḥa in the name of Rebbi Jacob bar Idi: A man may not preliminarily marry on a Friday. That means, to make an engagement feast. This implies that the preliminary marriage itself is permitted. Samuel says, even on the Ninth of Av a preliminary marriage is permitted, lest another forestall him. The argument of Samuel seems inverted. There, he says, God puts singles in a house; To rise on scales; they all are of vapor! And here, he says so? That means, that he should not forestall him in prayer. Even so, it would not be permanent.

In any case mentioned in the Torah for whom a Cohen defiles himself an Israel mourns. They added to these his maternal brother and sister and his married sister; he mourns and is in deep mourning but would not defile himself. For his preliminarily wedded wife he neither mourns nor is a deep mourner nor defiles himself. It was stated: About any one would mourn one joins in the mourning. Rav’s sister died. He commanded to his son Ḥiyya, when you will visit us, take off your shoes. The sons of Rebbi Ḥanina the brother of Rebbi Mana, died. They came and asked Rebbi Yose, does one have to overturn the bed? He told them, it is unnecessary. Does one have to sleep on an overturned bed? He told them, it is unnecessary. What about reading the Shema` and praying? He told them, let us understand from the following: If he was occupied for corpse digging a grave and the time for reading the Shema` and praying arrived, he moves to a place of purity, puts on his tefillin, reads the Shema` and prays.

Rebbi Yudan asked: Following him who says that everybody agrees about the co-wife that he is guilty, if somebody from the market gave qiddushin to one of them and then the levir came and performed ḥalîṣah with her or had intercourse with her, did the qiddushin become invalid? If he performed ḥalîṣah with her companion but then had intercourse with her, were qiddushin validated retroactively? Rebbi Shammai said, did not Rebbi Yannai say the following: More than 30 elders voted, from where that qiddushin have no legal effect on a sister-in-law? The verse says, “the wife of the deceased may not belong to any outside unrelated man”, that she cannot have any existence with another man. Rebbi Joḥanan said to him, is that not a Mishnah? “Or after your levir will have performed ḥalîṣah with you, she is not preliminarily married.” And Rebbi Yannai praised him “those who pour out gold from the wallet,” “my son, they should not be removed from your eyes,” “get wise, my son, and make me happy”, “give to the wise that he shall become wiser,” “let the wise listen that he increase in knowledge.” Rebbi Simeon ben Laqish said, after all these praises I can explain it following Rebbi Aqiba since Rebbi Aqiba said that there exists a bastard from a sister-in-law! But there is one sister-in-law, here are two sisters-in-law. The prohibition of a single sister-in-law is different from that of two sisters-in-law!

MISHNAH: Why does she repeat: “Amen Amen”? Amen on the curse, Amen on the oath, Amen from this man, Amen from any other man. Amen that I was not defiled and if I was defiled it should hurt me. Amen that I did not deviate preliminarily married and married, waiting for the levir and taken in. Rebbi Meїr says, Amen that I was not defiled, Amen that I shall not be defiled.

From where did they learn rollover of oaths? From the suspected wife: “The woman shall say, Amen, Amen”; Amen from this man, Amen from any other man. That refers to subjects he is able to make her swear about. What about subjects he is not able to make her swear about? Rebbi Yose ben Rebbi Abun said, let us hear from the following: “Amen that I was not deviant preliminarily married and married, waiting for the levir and taken in.” Can he make her swear when she is preliminarily married or waiting for the levir? Nevertheless one rolls over.

From where did they learn rollover of oaths? From the suspected wife: “The woman shall say, Amen, Amen”; Amen from this man, Amen from any other man. That refers to subjects he is able to make her swear about. What about subjects he is not able to make her swear about? Rebbi Yose ben Rebbi Abun said, let us hear from the following: “Amen that I was not deviant preliminarily married and married, waiting for the levir and taken in.” Can he make her swear when she is preliminarily married or waiting for the levir? Nevertheless one rolls over.

Rebbi Abba bar Mamal said, who stated “the one waiting for her levir”? Rebbi Aqiba! For Rebbi Aqiba said, there exists a bastard from a sister-in-law. Rebbi Ilai said to him, why should a bastard be relevant for jealousy? The Torah said: “He shall declare his jealousy to his wife”, even a partial wife. Rebbi Shammai said, did not Rebbi Yannai say the following: More than 30 Elders voted, from where that qiddushin have no legal effect on a sister-in-law? The verse says, “the wife of the deceased may not belong to any outside unrelated man, her levir shall come to her”, that she cannot have any existence with another man. Rebbi Joḥanan said to him, is that not a Mishnah? “Or after your levir will have performed ḥalîṣah with you, she is not preliminarily married.” And Rebbi Yannai praised him “those who pour out gold from the wallet,” “my son, they should not be removed from your eyes,” “get wise, my son, and make me happy”, “give to the wise that he shall become wiser,” “let the wise listen that he increase in knowledge.” Rebbi Simeon ben Laqish said, after all these praises I can explain it following Rebbi Aqiba since Rebbi Aqiba said that there exists a bastard from a sister-in-law! Could he not object: Why should a bastard be relevant for jealousy? The Torah said: “He shall declare his jealousy to his wife”, even a partial wife. A woman waiting for her levir who whored, Rebbi Eleazar said she is permitted to her house, Rebbi Joshua ben Levi said she is forbidden to her house. What do the rabbis say? Rebbi Mana said, did not Rebbi Jacob bar Aḥa say in the name of Rebbi Eleazar, if a woman waiting for her levir died, her mother is permitted to [the levir], since we have stated: “This is the rule: He cannot stipulate about any intercourse she could have had and would not be forbidden to him.”

MISHNAH: Everybody agrees that he may not stipulate with her about before she was preliminarily married or about after she was divorced. If she was secluded after that, became impure, and after that he took her back, he cannot stipulate with her. This is the rule: He cannot stipulate about any intercourse she could have had and would not be forbidden to him.

HALAKHAH: “Everybody agrees that he may not stipulate with her about before she was preliminarily married or about after she was divorced,” etc. Rebbi Yannai said, it is obvious that a man may forgive about his jealousy. If he divorced her it is as if he had forgiven. How is that? If he had declared his jealousy, divorced her, took her back, and then she was at a secluded place. If you say, if he divorced her it is as if he had forgiven, he has to declare his jealousy a second time. But if you say, if he divorced her it is as if he had not forgiven, he does not have to declare his jealousy a second time. But if he had declared his jealousy, she was at a secluded place and he knew it, then he divorced her, took her back, and then she was at a secluded place, if she drank and the water did nothing to her, she is pure. Or maybe that since the water does not check out a woman forbidden to her husband, she might be impure.

Who is a foolish pious man? He saw a baby struggling in a river. He said, after I take off my phylacteries, I shall save him. By the time he takes off his phylacteries, that one is dead. He saw a prime fig and said, I shall give it to the first person I shall meet. He saw a preliminarily married girl and ran after her. That is what we have stated: “If somebody pursues another to kill him, after a male, or after a preliminarily married girl.”

Who is a foolish pious man? He saw a baby struggling in a river. He said, after I take off my phylacteries, I shall save him. By the time he takes off his phylacteries, that one is dead. He saw a prime fig and said, I shall give it to the first person I shall meet. He saw a preliminarily married girl and ran after her. That is what we have stated: “If somebody pursues another to kill him, after a male, or after a preliminarily married girl.”

MISHNAH: A preliminarily married woman or one who waits for her brother-in-law neither drinks nor collects her ketubah, since it is said: “.. who will deviate from under her husband,” which excludes a preliminarily married woman and one who waits for her brother-in-law. A widow [married to] a High Priest, a divorcee or one who received ḥalîṣah to a common priest, a female bastard or a Gibeoness to an Israel, or an Israel woman married to a bastard or a Gibeonite, neither drinks nor collects her ketubah.

MISHNAH: A preliminarily married woman or one who waits for her brother-in-law neither drinks nor collects her ketubah, since it is said: “.. who will deviate from under her husband,” which excludes a preliminarily married woman and one who waits for her brother-in-law. A widow [married to] a High Priest, a divorcee or one who received ḥalîṣah to a common priest, a female bastard or a Gibeoness to an Israel, or an Israel woman married to a bastard or a Gibeonite, neither drinks nor collects her ketubah.

HALAKHAH: “A preliminarily married woman or one who waits for her brother-in-law,” etc. Why can he not make her drink? It is a decision of the verse: “The man shall bring his wife to the Cohen.” Then he should not be able to declare his jealousy! The Torah said, “and he declared his jealousy to his wife,” “and he declared his jealousy to his wife,” even if she is only partially his wife.

Does our Mishnah follow the House of Shammai, since the House of Shammai say, “she takes her ketubah but does not drink”? Rebbi Yose said, there the reason of the House of Shammai is that she may say, bring me my husband, then I shall drink. But here, she knew that the preliminarily married cannot drink; why did she bring herself into that great doubt? In order to disqualify herself from receiving her ketubah.

Rebbi Jehudah asked: As you say, “and he declared his jealousy to his wife,” “and he declared his jealousy to his wife,” even if she is only partially his wife, similarly, “under your husband,” even if he is only partially your husband. How is that? If he declared his jealousy to her while she was preliminarily married, then he wed her, and she went to a secluded place, he makes her drink on the basis of his declaration of jealousy. If he declared his jealousy to her while she was waiting for her brother-in-law, then he wed her, and she went to a secluded place, he makes her drink on the basis of his declaration of jealousy. If he declared his jealousy to her while she was preliminarily married, then he took her in, she went to a secluded place, and after that he had sex with her, she has to leave with her ketubah; otherwise she has to leave without ketubah. [If he declared his jealousy to her while she was waiting for her brother-in-law, then he took her in, she went to a secluded place, and after that he had sex with her, she has to leave with her ketubah; otherwise without ketubah.] If her husband declared his jealousy and died, she became destined for her brother-in-law who married her, then she went to a secluded place, he makes her drink on the basis of [the first husband’s] declaration of jealousy. If her husband did not declare his jealousy and died, she became destined for her brother-in-law who declared his jealousy but did not manage to take her in before he died and she became destined for his brother, the latter cannot make her drink since she became destined for him only because of the first brother. But if her brother-in-law declared his jealousy, took her in, and died, then she became destined for a brother-in-law who took her in, when she went to a secluded place he makes her drink on the basis of his declaration of jealousy.

Rebbi Jehudah asked: As you say, “and he declared his jealousy to his wife,” “and he declared his jealousy to his wife,” even if she is only partially his wife, similarly, “under your husband,” even if he is only partially your husband. How is that? If he declared his jealousy to her while she was preliminarily married, then he wed her, and she went to a secluded place, he makes her drink on the basis of his declaration of jealousy. If he declared his jealousy to her while she was waiting for her brother-in-law, then he wed her, and she went to a secluded place, he makes her drink on the basis of his declaration of jealousy. If he declared his jealousy to her while she was preliminarily married, then he took her in, she went to a secluded place, and after that he had sex with her, she has to leave with her ketubah; otherwise she has to leave without ketubah. [If he declared his jealousy to her while she was waiting for her brother-in-law, then he took her in, she went to a secluded place, and after that he had sex with her, she has to leave with her ketubah; otherwise without ketubah.] If her husband declared his jealousy and died, she became destined for her brother-in-law who married her, then she went to a secluded place, he makes her drink on the basis of [the first husband’s] declaration of jealousy. If her husband did not declare his jealousy and died, she became destined for her brother-in-law who declared his jealousy but did not manage to take her in before he died and she became destined for his brother, the latter cannot make her drink since she became destined for him only because of the first brother. But if her brother-in-law declared his jealousy, took her in, and died, then she became destined for a brother-in-law who took her in, when she went to a secluded place he makes her drink on the basis of his declaration of jealousy.

Even one who waits for her brother-in-law with five brothers. Similarly, even one house for five brothers? There not one of them would be able to live in it. But here, each one of them is able to marry in levirate. What would be like it? Somebody who preliminarily married a woman from now on in twelve months and the time is up while he is in the war; he returns and goes.

MISHNAH: But the following do not leave at all: If he built a house and inaugurated it, planted a vineyard and redeemed it, he who married his preliminarily married spouse, he who took in his sister-in-law, for it is said: “Free he shall be for his house for one year”. “His house”, that is his house; “shall be”, that is his vineyard; “and give pleasure to his wife”, that is his wife; “whom he took”, to include his sister-in-law. These do not provide food and water and do not improve the roads.

Rebbi Eleazar explains the reason given in the Mishnah, that if he has a complaint about virginity he can quickly go to court. A baraita supports Rebbi Eleazar: Since the time of danger they used to marry on Tuesdays and the Sages did not object; about Monday one does not listen to him, but if it was because of a danger it is permitted. What is “because of a danger”? because of sorcery. What is the difference between Monday and Tuesday? One who waits one day cannot be compared to one who waits two days. Why not let him wait two days? That his acquisition should not be sweet for him. Why should his acquisition not be sweet for him? One cannot tolerate it, since Rebbi Hila said in the name of Rebbi Eleazar, if he found the door open, he is forbidden to keep her because she might have been unfaithful. Could we not suspect that she was raped? A rape is public knowledge. And even if you suspect that she was raped, there is no other doubt. There is a doubt whether she was raped or whether she was [willingly] opened. From the words of the Torah one has to be stringent. Rebbi Yose said, if you suspect that she was raped, there are two doubts. There is a doubt whether she was raped or whether she was [willingly] opened; there is a doubt whether it happened after she was preliminarily married or before. From the words of the Torah, with two doubts one has to be lenient.

Rebbi Abba bar Cohen said before Rebbi Yose: Rebbi Aḥa in the name of Rebbi Jacob bar Idi: A man may not [preliminarily] marry on a Friday. That means, to make an engagement feast. This implies that the preliminary marriage itself is permitted. Samuel says, even on the Ninth of Ab a preliminary marriage is permitted, lest another forestall him. The argument of Samuel seems inverted. There, he says, “God puts singles in a house, etc.,” “To rise on scales; they all are of vapor!” And there, he says so? That means, that he should not forestall him in prayer. Even so, it would not be permanent.

MISHNAH: Somebody married a woman and found that she was no virgin. She says, I was raped after you had married me preliminarily, so your field was flooded. He says not so, but it happened before I married you preliminarily; therefore, my acquisition was made in error. Rabban Gamliel and Rebbi Eliezer say, she is believed. Rebbi Joshua said, we do not live off her mouth but there is a presumption that she had sexual relations before she was preliminarily married unless she provides proof of her statement.

MISHNAH: Somebody married a woman and found that she was no virgin. She says, I was raped after you had married me preliminarily, so your field was flooded. He says not so, but it happened before I married you preliminarily; therefore, my acquisition was made in error. Rabban Gamliel and Rebbi Eliezer say, she is believed. Rebbi Joshua said, we do not live off her mouth but there is a presumption that she had sexual relations before she was preliminarily married unless she provides proof of her statement.

MISHNAH: Somebody married a woman and found that she was no virgin. She says, I was raped after you had married me preliminarily, so your field was flooded. He says not so, but it happened before I married you preliminarily; therefore, my acquisition was made in error. Rabban Gamliel and Rebbi Eliezer say, she is believed. Rebbi Joshua said, we do not live off her mouth but there is a presumption that she had sexual relations before she was preliminarily married unless she provides proof of her statement.

Rebbi Joḥanan said, it was stated thus: “Two [witnesses] say he died, [later] two witnesses say, he did not die. She shall not remarry, but if she has remarried she should not leave. Two [witnesses] say she was divorced, [later] two witnesses say, she was not divorced. She shall not remarry; if she has remarried she must leave.” There, they say, it makes no difference; whether about death or divorce she should not leave. In the opinion of the rabbis there it is understandable, there is no difference between death and divorce. In the opinion of the rabbis here, what is the difference between death and divorce? Rebbi Ze‘ira said it without attribution, Rebbi Ḥiyya in the name of Rebbi Joḥanan: It is reasonable to decide in the case of witnesses of death that if he returns he contradicts them. Rebbi Ḥizqiah said, the rabbis there stick to their opinion since the rabbis there say, when the [first] testimony was accepted, it was accepted as certain. So the rabbis here say, at the moment of her remarriage, she remarried based on certified testimony. Rebbi Yose said, it is reasonable that the rabbis there did not change their argument. Do the rabbis there not agree if two [witnesses] say, his father died while in possession, [and two say his father died while not in possession,] that the field is in Reuben’s possession? Therefore, if two say, she was divorced and remarried, and two say she was not divorced, rightly she should not leave. A baraita disagrees with Rebbi Joḥanan: “If two are saying, she was preliminarily married, and two are saying, she was not preliminarily married, she should not get married, but if she married she should not leave.” Rebbi Hoshaia said, Rebbi Joḥanan may explain it as follows: “If two are saying, she was divorced, and two are saying, she was not divorced, she should not get married, but if she married she should not leave.” What is the difference between this and the first case? There, she was considered a married woman in everybody’s opinion. Here, she is considered a married woman only for two people. If two others came and identified the man who was betrothed to her. A baraita disagrees with Rebbi Joḥanan: “If two are saying, she was kidnapped but is pure, and two are saying, she was kidnapped and is impure, she should not get married, but if she married she should not leave.” Rebbi Yose said, since these say, she is pure, and those say, she is impure, it is as if two said, she was kidnapped, and two said, she was not kidnapped, and we depend on what she says. If two are saying, she had been betrothed and two are saying she had not been betrothed. Rebbi Jonah compares that to fat. If two said, X ate fat, and two said, X did not eat fat, did he not have to bring a “hung” reparation sacrifice because of the doubt? Here, he should give a bill of divorce because of the doubt. Rebbi Yose said to him, do not compare this to fat, because even if he says my conscience bothers me, he brings a “hung” reparation sacrifice. A baraita disagrees with Rebbi Yose: If two are saying she had been betrothed and two are saying she had not been betrothed, she should not get married. The end disagrees with Rebbi Jonah: If she married she must leave. Rebbi Mana said, Rebbi Yose did not say that she may marry, nor did Rebbi Jonah say if she married she must leave, he said only, do not compare this to fat, because even if he says my conscience bothers me, he brings a “hung” reparation sacrifice.

Rebbi Joḥanan said, it was stated thus: “Two [witnesses] say he died, [later] two witnesses say, he did not die. She shall not remarry, but if she has remarried she should not leave. Two [witnesses] say she was divorced, [later] two witnesses say, she was not divorced. She shall not remarry; if she has remarried she must leave.” There, they say, it makes no difference; whether about death or divorce she should not leave. In the opinion of the rabbis there it is understandable, there is no difference between death and divorce. In the opinion of the rabbis here, what is the difference between death and divorce? Rebbi Ze‘ira said it without attribution, Rebbi Ḥiyya in the name of Rebbi Joḥanan: It is reasonable to decide in the case of witnesses of death that if he returns he contradicts them. Rebbi Ḥizqiah said, the rabbis there stick to their opinion since the rabbis there say, when the [first] testimony was accepted, it was accepted as certain. So the rabbis here say, at the moment of her remarriage, she remarried based on certified testimony. Rebbi Yose said, it is reasonable that the rabbis there did not change their argument. Do the rabbis there not agree if two [witnesses] say, his father died while in possession, [and two say his father died while not in possession,] that the field is in Reuben’s possession? Therefore, if two say, she was divorced and remarried, and two say she was not divorced, rightly she should not leave. A baraita disagrees with Rebbi Joḥanan: “If two are saying, she was preliminarily married, and two are saying, she was not preliminarily married, she should not get married, but if she married she should not leave.” Rebbi Hoshaia said, Rebbi Joḥanan may explain it as follows: “If two are saying, she was divorced, and two are saying, she was not divorced, she should not get married, but if she married she should not leave.” What is the difference between this and the first case? There, she was considered a married woman in everybody’s opinion. Here, she is considered a married woman only for two people. If two others came and identified the man who was betrothed to her. A baraita disagrees with Rebbi Joḥanan: “If two are saying, she was kidnapped but is pure, and two are saying, she was kidnapped and is impure, she should not get married, but if she married she should not leave.” Rebbi Yose said, since these say, she is pure, and those say, she is impure, it is as if two said, she was kidnapped, and two said, she was not kidnapped, and we depend on what she says. If two are saying, she had been betrothed and two are saying she had not been betrothed. Rebbi Jonah compares that to fat. If two said, X ate fat, and two said, X did not eat fat, did he not have to bring a “hung” reparation sacrifice because of the doubt? Here, he should give a bill of divorce because of the doubt. Rebbi Yose said to him, do not compare this to fat, because even if he says my conscience bothers me, he brings a “hung” reparation sacrifice. A baraita disagrees with Rebbi Yose: If two are saying she had been betrothed and two are saying she had not been betrothed, she should not get married. The end disagrees with Rebbi Jonah: If she married she must leave. Rebbi Mana said, Rebbi Yose did not say that she may marry, nor did Rebbi Jonah say if she married she must leave, he said only, do not compare this to fat, because even if he says my conscience bothers me, he brings a “hung” reparation sacrifice.

MISHNAH: If an adolescent girl had been preliminarily married but was divorced, Rebbi Yose the Galilean says she cannot collect the fine; Rebbi Aqiba says, she can collect the fine and it belongs to her.

HALAKHAH: “An adolescent girl who had been preliminarily married,” etc. What is the reason of Rebbi Yose the Galilean? “Who was not preliminarily married.”

HALAKHAH: “An adolescent girl who had been preliminarily married,” etc. What is the reason of Rebbi Yose the Galilean? “Who was not preliminarily married.”

Before she was preliminarily married, he gives to her father; after she had been preliminarily married, he gives to herself. In the opinion of Rebbi Yose the Galilean, if she is an adolescent, he gives to her father; if she is an adult, does he give it to herself? If she is a virgin, he gives to her father; if she is injured by wood, does he give it to herself? It is different, because it is written “an adolescent”, adolescent but not adult. “A virgin,” a virgin not one injured by wood. Is it not written “who was not preliminarily married,” “who was not preliminarily married,” to infer from there by an equal cut? Since in one case it is 50, so in the other case it is 50. Does Rebbi Yose not have “50”? He has “silver, silver”. Since “silver” written at one place is 50, so “silver” [written at the other place] also is 50.

Before she was preliminarily married, he gives to her father; after she had been preliminarily married, he gives to herself. In the opinion of Rebbi Yose the Galilean, if she is an adolescent, he gives to her father; if she is an adult, does he give it to herself? If she is a virgin, he gives to her father; if she is injured by wood, does he give it to herself? It is different, because it is written “an adolescent”, adolescent but not adult. “A virgin,” a virgin not one injured by wood. Is it not written “who was not preliminarily married,” “who was not preliminarily married,” to infer from there by an equal cut? Since in one case it is 50, so in the other case it is 50. Does Rebbi Yose not have “50”? He has “silver, silver”. Since “silver” written at one place is 50, so “silver” [written at the other place] also is 50.

Before she was preliminarily married, he gives to her father; after she had been preliminarily married, he gives to herself. In the opinion of Rebbi Yose the Galilean, if she is an adolescent, he gives to her father; if she is an adult, does he give it to herself? If she is a virgin, he gives to her father; if she is injured by wood, does he give it to herself? It is different, because it is written “an adolescent”, adolescent but not adult. “A virgin,” a virgin not one injured by wood. Is it not written “who was not preliminarily married,” “who was not preliminarily married,” to infer from there by an equal cut? Since in one case it is 50, so in the other case it is 50. Does Rebbi Yose not have “50”? He has “silver, silver”. Since “silver” written at one place is 50, so “silver” [written at the other place] also is 50.

Before she was preliminarily married, he gives to her father; after she had been preliminarily married, he gives to herself. In the opinion of Rebbi Yose the Galilean, if she is an adolescent, he gives to her father; if she is an adult, does he give it to herself? If she is a virgin, he gives to her father; if she is injured by wood, does he give it to herself? It is different, because it is written “an adolescent”, adolescent but not adult. “A virgin,” a virgin not one injured by wood. Is it not written “who was not preliminarily married,” “who was not preliminarily married,” to infer from there by an equal cut? Since in one case it is 50, so in the other case it is 50. Does Rebbi Yose not have “50”? He has “silver, silver”. Since “silver” written at one place is 50, so “silver” [written at the other place] also is 50.

If he came to her before she was preliminarily married, then she was preliminarily married and divorced. Does the statement of Rebbi Aḥai not imply that he pays? Did we not state: “For he had mistreated her,” to include the orphan for the fine, the words of Rebbi Yose the Galilean. Rebbi Aḥai said, explain it that he came to her before her father died; when subsequently her father died he already was obligated to give to her father. One came to her before her father died and subsequently her father died; one came to her before she was preliminarily married, subsequently she was divorced. Rebbi Ze‘ira said that Rav Ḥisda asked: If one came to her before she was married and then she was married? Since you say there, she is under her husband but he has to pay to her father, so in this case she is under her husband but he has to pay to her father.

If he came to her before she was preliminarily married, then she was preliminarily married and divorced. Does the statement of Rebbi Aḥai not imply that he pays? Did we not state: “For he had mistreated her,” to include the orphan for the fine, the words of Rebbi Yose the Galilean. Rebbi Aḥai said, explain it that he came to her before her father died; when subsequently her father died he already was obligated to give to her father. One came to her before her father died and subsequently her father died; one came to her before she was preliminarily married, subsequently she was divorced. Rebbi Ze‘ira said that Rav Ḥisda asked: If one came to her before she was married and then she was married? Since you say there, she is under her husband but he has to pay to her father, so in this case she is under her husband but he has to pay to her father.

If he came to her before she was preliminarily married, then she was preliminarily married and divorced. Does the statement of Rebbi Aḥai not imply that he pays? Did we not state: “For he had mistreated her,” to include the orphan for the fine, the words of Rebbi Yose the Galilean. Rebbi Aḥai said, explain it that he came to her before her father died; when subsequently her father died he already was obligated to give to her father. One came to her before her father died and subsequently her father died; one came to her before she was preliminarily married, subsequently she was divorced. Rebbi Ze‘ira said that Rav Ḥisda asked: If one came to her before she was married and then she was married? Since you say there, she is under her husband but he has to pay to her father, so in this case she is under her husband but he has to pay to her father.

As it was stated: “Living married to a husband,” that includes one who had received her husband in her father’s house while preliminarily married; the one who comes after him is strangled. Not only a regular intercourse but even perverse. Rebbi Abbahu in the name of Rebbi Joḥanan; it is necessary to mention perverse intercourse for if it were regular, why mention her husband? As we have stated: If she was raped by two men, the first is stoned, the second strangled. The preliminarily married adolescent girl. If ten men came upon her perversely and then one regularly, they are all stoned. If they all come upon her regularly, the first is stoned and the remainder strangled. If ten men “touched” her and then one penetrated, they are all stoned. If they all penetrated, the first is stoned and the remainder strangled. A single girl. If ten men came upon her perversely and then one regularly, they all pay the fine. If they all come upon her regularly, the first is stoned and the remainder is free. If she chose one of them, the others were freed from the prohibition. If she said, he is impossible, she repeatedly chooses. If he was married to her sister, he already is freed. If she died, he is freed. If he died, one does not force the levir.

As it was stated: “Living married to a husband,” that includes one who had received her husband in her father’s house while preliminarily married; the one who comes after him is strangled. Not only a regular intercourse but even perverse. Rebbi Abbahu in the name of Rebbi Joḥanan; it is necessary to mention perverse intercourse for if it were regular, why mention her husband? As we have stated: If she was raped by two men, the first is stoned, the second strangled. The preliminarily married adolescent girl. If ten men came upon her perversely and then one regularly, they are all stoned. If they all come upon her regularly, the first is stoned and the remainder strangled. If ten men “touched” her and then one penetrated, they are all stoned. If they all penetrated, the first is stoned and the remainder strangled. A single girl. If ten men came upon her perversely and then one regularly, they all pay the fine. If they all come upon her regularly, the first is stoned and the remainder is free. If she chose one of them, the others were freed from the prohibition. If she said, he is impossible, she repeatedly chooses. If he was married to her sister, he already is freed. If she died, he is freed. If he died, one does not force the levir.

MISHNAH: About an orphan girl who had been preliminarily married and was divorced, Rebbi Eleazar says that the rapist has to pay but the seducer does not.

HALAKHAH: “About an orphan girl who had been preliminarily married and was divorced,” etc. Rebbi Joḥanan said, it turns out that Rebbi Eleazar follows the opinion of his teacher Rebbi Aqiba. Just as Rebbi Aqiba said that she can collect the fine and it belongs to her, so Rebbi Eleazar said that she can collect the fine and it belongs to her. Then also for a seduced one? Rebbi Jeremiah said in the name of Rebbi Eleazar, explain it that she remitted it to him. Can anybody remit anthing that does not belong to him? Explain it for an orphan; as it was stated in the House of Rebbi thus: The orphan, Rebbi Eleazar said that the rapist has to pay her but the seducer does not. Can anybody remit something which is not in his possession? Let us hear from the following, as Rebbi Abun bar Ḥiyya said in the name of Rebbi Ze‘ura: The fine is not due from the first moment on. As we have stated there: “If she came to court before her father died, [the payments due] belong to her father and if the father died they belong to the brothers.” If you say that the fine is due from the first moment, it would belong to the brothers from the first moment! Rebbi Abba in the name of Rav Ḥisda: The Mishnah deals with shame and diminution of value. As Rebbi Mana said, how is it? The rapist is obligated for everything and the seducer is free from everything. Rebbi Abin said, [Rebbi] Shammai asked: What does it mean that the rapist has to pay but the seducer does not? The rapist has to pay everything but the seducer is free [from paying] for shame and diminution of value but is obligated for the fine. That is Rebbi Aqiba’s. Or, the rapist is free [from paying] for shame and diminution of value but is obligated for the fine but the seducer is free from everything? That is Rebbi Yose the Galilean’s.

There, we have stated: “He who comes to a preliminarily married adolescent is guilty only if she was an adolescent, virgin, preliminarily married, in her father’s house. If two came upon her, the first is stoned and the second strangled.” Rebbi Yasa in the name of Rebbi Joḥanan, Rebbi Ḥiyya in the name of Rebbi Eleazar: That is Rebbi Meïr’s. But following the rabbis even if she is a minor. What is Rebbi Meïr’s reason? “A lad” is written in the paragraph. How do the rabbis explain “a lad”? Rebbi Abbahu said in the name of Rebbi Simeon ben Laqish: Once in the paragraph it is written “a young woman”; this teaches that in the entire paragraph she is an adult. Rebbi Meïr objected to the rabbis: In the matter of the calumniator, “a lad” is written and she is an adult since a minor is not stoned! What do the rabbis with this? Rebbi Abin said, explain it if he came to her as to a male.

There, we have stated: “He who comes to a preliminarily married adolescent is guilty only if she was an adolescent, virgin, preliminarily married, in her father’s house. If two came upon her, the first is stoned and the second strangled.” Rebbi Yasa in the name of Rebbi Joḥanan, Rebbi Ḥiyya in the name of Rebbi Eleazar: That is Rebbi Meïr’s. But following the rabbis even if she is a minor. What is Rebbi Meïr’s reason? “A lad” is written in the paragraph. How do the rabbis explain “a lad”? Rebbi Abbahu said in the name of Rebbi Simeon ben Laqish: Once in the paragraph it is written “a young woman”; this teaches that in the entire paragraph she is an adult. Rebbi Meïr objected to the rabbis: In the matter of the calumniator, “a lad” is written and she is an adult since a minor is not stoned! What do the rabbis with this? Rebbi Abin said, explain it if he came to her as to a male.

Jacob bar Abba asked before Rav: What is the law for him who comes to a minor? He said to him, by stoning. What is the law for him who comes to an adult? He said to him, I am reading “an adolescent”, not an adult. Read “an adolescent”, not a minor! “‘Because he mistreated her’, that includes a minor for a fine”, read ‘because he mistreaded her’, that includes an adult for a fine! Rav said, even though Jacob won the logical argument, practice is that he who comes to a minor is [punished] by stoning but she is free. Rebbi Abin in the name of Samuel: Why? He understood it from the following: “The man who had lain with her alone should die.” Did we not know that “the girl has not committed a capital crime”? Then why does the verse say: “Do not do anything to the girl, the girl has not committed a capital crime”? That includes him who comes to a preliminarily married underage girl that he is stoned and she is free.

It is written: “If a man takes a wife, comes to her, and hates her.” He is not guilty unless he marries her definitively, has intercourse, and accuses her not to be a virgin. “He puts a libel on her”; I could think even if she spoiled a dish? It says here “a libel” and it says later “a libel”. Since “a libel” later implies whoring, so also here it means whoring. Since “a libel” later implies from the place of virginity, so also here? From where if he came upon her otherwise? The verse says, “and he calumniates her”, in any way. “He said, I took this wife and came to her,” that excludes assignations; “I took”, to exclude the one waiting for her levir; “I took”, to exclude the preliminarily married one.

“I took”, that excludes assignations. Rebbi Jonah said, even following him who says that the money from the start was given for assignation. “I took”, to exclude the one waiting for her levir; not only for the earlier teachings that the obligation of the levirate precedes that of ḥalîṣah, but even according to the later teachings that the obligation of ḥalîṣah precedes the obligation of levirate. “I took”, to exclude the preliminarily married one.

Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: If the father brought witnesses to prove the perjury of the husband’s witnesses; but the father’s witnesses were proven perjurers, is he flogged and pays 100 tetradrachmas by the judgment of three and the witnesses are stoned by the judgment of 23? He said to him, if the father’s witnesses are not proven perjurers, is not the husband flogged and pays 100 tetradrachmas by the judgment of three and the witnesses are stoned by the judgment of 23? Rebbi Ze‘ira is of the opinion that there are two different proceedings. Rebbi Jeremiah in the name of Rebbi Abbahu: There is only one proceeding. A baraita disagrees with Rebbi Abbahu: “To the town’s Elders”, that is a court of three members; “to the gate”, that is a court of 23. He explains it following Rebbi Meïr, since Rebbi Meïr says that he is flogged and pays. There, we have stated: “The seducer, the rapist, and the calumniator [are judged] by three [judges], the words of Rebbi Meïr; but the Sages say, the calumniator by 23 since it is a potential capital case.” Rebbi Mana said, they disagree about the preliminarily married adolescent. Rebbi Meïr says, she loses her ketubah in a court of three and is stoned by a court of 23; but the Sages say, at the same place which sentences her to be stoned she loses her ketubah. But in the case of the calumniator, everybody agrees that by the court in which the witnesses are stoned, the husband is flogged and pays 100 tetradrachmas. Rebbi Yose ben Rebbi Abun said to him, would they differ where it was not stated? But they differ about the calumniator! Rebbi Meïr says, he is flogged and pays 100 tetradrachmas by the judgment of three and the witnesses are stoned by the judgment of 23; but the rabbis say, by the court in which the witnesses are stoned, the husband is flogged and pays 100 tetradrachmas. But by the case of the preliminarily married adolescent, everybody agrees that at the same place which sentences her to be stoned she loses her ketubah. [It turns out that Rebbi Yose ben Rebbi Abun follows Rebbi Ze‘ira and Rebbi Mana [follows] Rebbi Abbahu].

Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: If the father brought witnesses to prove the perjury of the husband’s witnesses; but the father’s witnesses were proven perjurers, is he flogged and pays 100 tetradrachmas by the judgment of three and the witnesses are stoned by the judgment of 23? He said to him, if the father’s witnesses are not proven perjurers, is not the husband flogged and pays 100 tetradrachmas by the judgment of three and the witnesses are stoned by the judgment of 23? Rebbi Ze‘ira is of the opinion that there are two different proceedings. Rebbi Jeremiah in the name of Rebbi Abbahu: There is only one proceeding. A baraita disagrees with Rebbi Abbahu: “To the town’s Elders”, that is a court of three members; “to the gate”, that is a court of 23. He explains it following Rebbi Meïr, since Rebbi Meïr says that he is flogged and pays. There, we have stated: “The seducer, the rapist, and the calumniator [are judged] by three [judges], the words of Rebbi Meïr; but the Sages say, the calumniator by 23 since it is a potential capital case.” Rebbi Mana said, they disagree about the preliminarily married adolescent. Rebbi Meïr says, she loses her ketubah in a court of three and is stoned by a court of 23; but the Sages say, at the same place which sentences her to be stoned she loses her ketubah. But in the case of the calumniator, everybody agrees that by the court in which the witnesses are stoned, the husband is flogged and pays 100 tetradrachmas. Rebbi Yose ben Rebbi Abun said to him, would they differ where it was not stated? But they differ about the calumniator! Rebbi Meïr says, he is flogged and pays 100 tetradrachmas by the judgment of three and the witnesses are stoned by the judgment of 23; but the rabbis say, by the court in which the witnesses are stoned, the husband is flogged and pays 100 tetradrachmas. But by the case of the preliminarily married adolescent, everybody agrees that at the same place which sentences her to be stoned she loses her ketubah. [It turns out that Rebbi Yose ben Rebbi Abun follows Rebbi Ze‘ira and Rebbi Mana [follows] Rebbi Abbahu].

It was stated: One stones a preliminarily married adolescent girl who whored at her father’s door. If she does not have a father’s house’s door one stones her where she whored. If it was a Gentile town one stones her at the court’s door. Also, a person who practiced idolatry one stones at the place where he worshipped. If it was a Gentile town one stones him at the court’s door. But did not Rebbi Ḥiyya state: “Take the blasphemer out from the encampment,” this teaches that the court sits inside and the place of stoning is outside. Rebbi Yose said, there is a difference: The place where he went astray is the place where he was found, is the place where he was judged, is the place where he was stoned. “For she did a foul deed in Israel.” This one befouled all of Israel, for she came to whore in her father’s house. The bad growth they grew shall come and foul up them and their growth.

MISHNAH: Even though they said that a virgin collects 200 [zuz] and a widow a mina, if he wants to add even 100 minas, he may add. If she became widowed or divorced, whether preliminarily or definitively married, she collects everything. Rebbi Eleazar ben Azariah says, definitively married, she collects everything; preliminarily married a virgin collects 200 [zuz] and a widow a mina since he added only with the idea to bring her in.

MISHNAH: Even though they said that a virgin collects 200 [zuz] and a widow a mina, if he wants to add even 100 minas, he may add. If she became widowed or divorced, whether preliminarily or definitively married, she collects everything. Rebbi Eleazar ben Azariah says, definitively married, she collects everything; preliminarily married a virgin collects 200 [zuz] and a widow a mina since he added only with the idea to bring her in.

It was stated: Just as the husband decides, so the father decides; only that the husband transfers rights in writing but the father only by speech, restricted to those things that can be acquired by speech. What is that? Gidul in the name of Rav: How much are you giving to your son? Such and such. And how much are you giving to your daughter? Such and such. When he preliminarily married her, the daughter acquired among the daughters. Rebbi Ḥiyya bar Joseph said, Gidul found something large and said something small! But it is as follows: How much are you giving to your son? Such and such. How much are you giving to your daughter? Such and such. When he preliminarily married her, the daughter acquired among the daughters and the son among the sons. Rebbi Ze‘ira said, is that something small? Does he not acquire a wife on top of movables with one peruṭa’s worth? But nobody can acquire two wives with one peruṭa’s worth! But cannot a person acquire real estate and several movables with one peruṭa’s worth? For a person can acquire two pieces of real estate with one peruṭa’s worth, but nobody can acquire two wives with one peruṭa’s worth.

It was stated: Just as the husband decides, so the father decides; only that the husband transfers rights in writing but the father only by speech, restricted to those things that can be acquired by speech. What is that? Gidul in the name of Rav: How much are you giving to your son? Such and such. And how much are you giving to your daughter? Such and such. When he preliminarily married her, the daughter acquired among the daughters. Rebbi Ḥiyya bar Joseph said, Gidul found something large and said something small! But it is as follows: How much are you giving to your son? Such and such. How much are you giving to your daughter? Such and such. When he preliminarily married her, the daughter acquired among the daughters and the son among the sons. Rebbi Ze‘ira said, is that something small? Does he not acquire a wife on top of movables with one peruṭa’s worth? But nobody can acquire two wives with one peruṭa’s worth! But cannot a person acquire real estate and several movables with one peruṭa’s worth? For a person can acquire two pieces of real estate with one peruṭa’s worth, but nobody can acquire two wives with one peruṭa’s worth.

Rebbi Abba bar Ḥiyya in the name of Rebbi Joḥanan: “How much are you giving to your son? Such and such. How much are you giving to your daughter? Such and such. When he preliminarily married her, the daughter acquired among the daughters and the son among the sons,” but only if it is a first marriage. This follows what Rebbi Ḥanania said: If somebody definitively married off his son in a house, the latter acquired the house, but only if it is a first marriage. Rebbi Hoshaia said, she acquired movables but did not acquire the house. Do they disagree? Rebbi Jeremiah in the name of Rebbi Abbahu: Explain it that his father used it for storage. Rebbi Ḥizqiah in the name of Rebbi Joshua ben Levi: It is needed in case what was stored was borrowed from the market. Rebbi Abbahu said, if he said it is loaned, he did not acquire it. There came a case before Rebbi Jacob ben Rebbi Abun and he instructed following Rebbi Abbahu. Rebbi Ze‘ira said, essentialy this has no basis but the rabbis build and add to it!

“If she spent six months for her husband and six months for the levir, she cannot eat heave. Not only six months for the levir but even all the time for the levir except for one day, she cannot eat heave.” The Mishna follows neither the earliest not the last Mishnah, but the intermediate development. As it was stated: First, they were saying that a preliminarily married woman, daughter of an Israel, could eat heave, for they were explaining: “If a Cohen acquires a person, acquistion by money;” for what would be the difference between one who acquires a wife and one who acquires a slave girl? They changed, to say: after twelve months, when he becomes responsible for her upkeep. The court of the later ones said: A woman never eats heave before she enters the bridal chamber. ”Already Rebbi Joḥanan ben Bagbag sent to Rebbi Jehudah ben Bathyra at Nisibis: They say in your name that the preliminarily married daughter of an Israel eats heave. He sent back the following: I had been convinced that you are knowledgeable in the secrets of the Torah, but you do not even know the rules de minore ad majus! Since money can acquire a Gentile slave girl to permit her to eat heave, but she cannot be acquired by sexual relations to permit her to eat heave, whereas a wife can be acquired by sexual relations to permit her to eat heave, it is only logical that money can acquire a wife to permit her to eat heave! But what can I do? They said that no woman eats heave before she enters the bridal chamber,” and they supported it by the verse: “Every pure person in your household shall eat it.” Rebbi Yudan said, that is an argument de minore ad majus that can be reversed! Because he could say to him, since a Gentile slave girl can be acquired by active possession to permit her to eat heave, what can you say about a wife who cannot be acquired by active possession? If an argument de minore ad majus can be reversed, the argument is invalid.

“If she spent six months for her husband and six months for the levir, she cannot eat heave. Not only six months for the levir but even all the time for the levir except for one day, she cannot eat heave.” The Mishna follows neither the earliest not the last Mishnah, but the intermediate development. As it was stated: First, they were saying that a preliminarily married woman, daughter of an Israel, could eat heave, for they were explaining: “If a Cohen acquires a person, acquistion by money;” for what would be the difference between one who acquires a wife and one who acquires a slave girl? They changed, to say: after twelve months, when he becomes responsible for her upkeep. The court of the later ones said: A woman never eats heave before she enters the bridal chamber. ”Already Rebbi Joḥanan ben Bagbag sent to Rebbi Jehudah ben Bathyra at Nisibis: They say in your name that the preliminarily married daughter of an Israel eats heave. He sent back the following: I had been convinced that you are knowledgeable in the secrets of the Torah, but you do not even know the rules de minore ad majus! Since money can acquire a Gentile slave girl to permit her to eat heave, but she cannot be acquired by sexual relations to permit her to eat heave, whereas a wife can be acquired by sexual relations to permit her to eat heave, it is only logical that money can acquire a wife to permit her to eat heave! But what can I do? They said that no woman eats heave before she enters the bridal chamber,” and they supported it by the verse: “Every pure person in your household shall eat it.” Rebbi Yudan said, that is an argument de minore ad majus that can be reversed! Because he could say to him, since a Gentile slave girl can be acquired by active possession to permit her to eat heave, what can you say about a wife who cannot be acquired by active possession? If an argument de minore ad majus can be reversed, the argument is invalid.

Following Rebbi Eliezer, how far can he deduct? Let us hear from the following: Rebbi Ḥiyya stated: One writes a bill of rebellion for the husband of a preliminarily married woman, or a sick one, a menstruating woman or one who is waiting for her levir. Where do we hold? If she rebelled against him when she was having her period, the Torah made her rebel against him! But we must hold that she rebelled against him before she had her period and now she has it. At that moment she would not be able to rebel but you say one writes, therefore one also deducts. From where does one deduct? From the additions to her ketubah. Let us hear from the following: “Rebbi Yose says, he continues to reduce, for maybe an inheritance will come to her from outside and he would be able to collect from it.” He mentioned only inheritance, which is infrequent. That means he deducts from the additions to he ketubah. Rebbi Ze‘ira in the name of Samuel: One writes a bill of rebellion for a preliminarily married woman, but one does not write a bill of rebellion for one who is waiting for her levir. But did not Rebbi Ḥiyya state that one writes a bill of rebellion on the ketubah of a menstruating woman or a sick one, a preliminarily married woman or one who is waiting for her levir? There, according to the first Mishnah, here according to the later Mishnah. Rebbi Yose bar Abun said, even if you say according to the later Mishnah, ”the later Court [instituted that] one warns her for four weeks, then she writes a receipt for her ketubah and leaves.”

Following Rebbi Eliezer, how far can he deduct? Let us hear from the following: Rebbi Ḥiyya stated: One writes a bill of rebellion for the husband of a preliminarily married woman, or a sick one, a menstruating woman or one who is waiting for her levir. Where do we hold? If she rebelled against him when she was having her period, the Torah made her rebel against him! But we must hold that she rebelled against him before she had her period and now she has it. At that moment she would not be able to rebel but you say one writes, therefore one also deducts. From where does one deduct? From the additions to her ketubah. Let us hear from the following: “Rebbi Yose says, he continues to reduce, for maybe an inheritance will come to her from outside and he would be able to collect from it.” He mentioned only inheritance, which is infrequent. That means he deducts from the additions to he ketubah. Rebbi Ze‘ira in the name of Samuel: One writes a bill of rebellion for a preliminarily married woman, but one does not write a bill of rebellion for one who is waiting for her levir. But did not Rebbi Ḥiyya state that one writes a bill of rebellion on the ketubah of a menstruating woman or a sick one, a preliminarily married woman or one who is waiting for her levir? There, according to the first Mishnah, here according to the later Mishnah. Rebbi Yose bar Abun said, even if you say according to the later Mishnah, ”the later Court [instituted that] one warns her for four weeks, then she writes a receipt for her ketubah and leaves.”

Following Rebbi Eliezer, how far can he deduct? Let us hear from the following: Rebbi Ḥiyya stated: One writes a bill of rebellion for the husband of a preliminarily married woman, or a sick one, a menstruating woman or one who is waiting for her levir. Where do we hold? If she rebelled against him when she was having her period, the Torah made her rebel against him! But we must hold that she rebelled against him before she had her period and now she has it. At that moment she would not be able to rebel but you say one writes, therefore one also deducts. From where does one deduct? From the additions to her ketubah. Let us hear from the following: “Rebbi Yose says, he continues to reduce, for maybe an inheritance will come to her from outside and he would be able to collect from it.” He mentioned only inheritance, which is infrequent. That means he deducts from the additions to he ketubah. Rebbi Ze‘ira in the name of Samuel: One writes a bill of rebellion for a preliminarily married woman, but one does not write a bill of rebellion for one who is waiting for her levir. But did not Rebbi Ḥiyya state that one writes a bill of rebellion on the ketubah of a menstruating woman or a sick one, a preliminarily married woman or one who is waiting for her levir? There, according to the first Mishnah, here according to the later Mishnah. Rebbi Yose bar Abun said, even if you say according to the later Mishnah, ”the later Court [instituted that] one warns her for four weeks, then she writes a receipt for her ketubah and leaves.”

MISHNAH: If somebody performed the preliminary marriage with a woman on condition that she had no obligation of vows on her and it turned out that she had vows to fulfill, she is not preliminarily married. If he married her definitively without inquiry and she had vows to fulfill, she should leave without ketubah. If somebody performed the preliminary marriage with a woman on condition that she had no bodily defects and it turned out that she had bodily defects, she is not preliminarily married. If he married her definitively without inquiry and she had bodily defects, she should leave without ketubah; and all defects which disqualify a priest disqualify a woman. If she had bodily defects, as long as she is in her father’s house, the father has to prove that the defects developed after she was preliminarily married and his field was swamped; once she entered her husband’s domain, the husband has to prove that she had the defects before the preliminary wedding so that his acquisition was in error, the words of Rebbi Meïr. But the Sages say, when was this said? For hidden defects, but he has no claim about visible defects, and if there is a public bathhouse in his town he has no claim for hidden defects since he checks her out through his female relatives.

MISHNAH: If somebody performed the preliminary marriage with a woman on condition that she had no obligation of vows on her and it turned out that she had vows to fulfill, she is not preliminarily married. If he married her definitively without inquiry and she had vows to fulfill, she should leave without ketubah. If somebody performed the preliminary marriage with a woman on condition that she had no bodily defects and it turned out that she had bodily defects, she is not preliminarily married. If he married her definitively without inquiry and she had bodily defects, she should leave without ketubah; and all defects which disqualify a priest disqualify a woman. If she had bodily defects, as long as she is in her father’s house, the father has to prove that the defects developed after she was preliminarily married and his field was swamped; once she entered her husband’s domain, the husband has to prove that she had the defects before the preliminary wedding so that his acquisition was in error, the words of Rebbi Meïr. But the Sages say, when was this said? For hidden defects, but he has no claim about visible defects, and if there is a public bathhouse in his town he has no claim for hidden defects since he checks her out through his female relatives.

MISHNAH: If somebody performed the preliminary marriage with a woman on condition that she had no obligation of vows on her and it turned out that she had vows to fulfill, she is not preliminarily married. If he married her definitively without inquiry and she had vows to fulfill, she should leave without ketubah. If somebody performed the preliminary marriage with a woman on condition that she had no bodily defects and it turned out that she had bodily defects, she is not preliminarily married. If he married her definitively without inquiry and she had bodily defects, she should leave without ketubah; and all defects which disqualify a priest disqualify a woman. If she had bodily defects, as long as she is in her father’s house, the father has to prove that the defects developed after she was preliminarily married and his field was swamped; once she entered her husband’s domain, the husband has to prove that she had the defects before the preliminary wedding so that his acquisition was in error, the words of Rebbi Meïr. But the Sages say, when was this said? For hidden defects, but he has no claim about visible defects, and if there is a public bathhouse in his town he has no claim for hidden defects since he checks her out through his female relatives.

“If she went to an Elder and her dissolved her vow, she is preliminarily married. To a doctor and he healed her, she is not preliminarily married.” What is the difference between the Elder and the doctor? The elder uproots the vow from its start; the doctor heals only for the future. Some Tannaïm state: Even if she went to an Elder and her dissolved her vow, she is not preliminarily married. The baraita follows Rebbi Eleazar, as we have stated there: “Rebbi Eleazar said, they forbade this only because of the other.” What is the reason of Rebbi Eleazar? It would have been logical about a vow which has to be investigated by a Sage … because a vow which does not have to be investigated by a Sage. Some Tannaïm state: She is allowed to marry without a bill of divorce. Some Tannaïm state: She is forbidden to marry without a bill of divorce. They wanted to say that he who says, she is allowed to marry without a bill of divorce, is Rebbi Eleazar, and he who says, she is forbidden to marry without a bill of divorce, are the rabbis. Everything follows the rabbis. He who says, she is allowed to marry without a bill of divorce: Since she knows that if she went to an Elder, he would dissolve her vow, since she does not go therefore she can be married without a bill of divorce. But he who says, she is forbidden to marry without a bill of divorce, that she should not go to an Elder who would dissolve her vow, then the preliminary marriage would become retroactively valid for her and it would turn out that her children become bastards. Therefore she is forbidden to marry without a bill of divorce.

“If she went to an Elder and her dissolved her vow, she is preliminarily married. To a doctor and he healed her, she is not preliminarily married.” What is the difference between the Elder and the doctor? The elder uproots the vow from its start; the doctor heals only for the future. Some Tannaïm state: Even if she went to an Elder and her dissolved her vow, she is not preliminarily married. The baraita follows Rebbi Eleazar, as we have stated there: “Rebbi Eleazar said, they forbade this only because of the other.” What is the reason of Rebbi Eleazar? It would have been logical about a vow which has to be investigated by a Sage … because a vow which does not have to be investigated by a Sage. Some Tannaïm state: She is allowed to marry without a bill of divorce. Some Tannaïm state: She is forbidden to marry without a bill of divorce. They wanted to say that he who says, she is allowed to marry without a bill of divorce, is Rebbi Eleazar, and he who says, she is forbidden to marry without a bill of divorce, are the rabbis. Everything follows the rabbis. He who says, she is allowed to marry without a bill of divorce: Since she knows that if she went to an Elder, he would dissolve her vow, since she does not go therefore she can be married without a bill of divorce. But he who says, she is forbidden to marry without a bill of divorce, that she should not go to an Elder who would dissolve her vow, then the preliminary marriage would become retroactively valid for her and it would turn out that her children become bastards. Therefore she is forbidden to marry without a bill of divorce.

“If she went to an Elder and her dissolved her vow, she is preliminarily married. To a doctor and he healed her, she is not preliminarily married.” What is the difference between the Elder and the doctor? The elder uproots the vow from its start; the doctor heals only for the future. Some Tannaïm state: Even if she went to an Elder and her dissolved her vow, she is not preliminarily married. The baraita follows Rebbi Eleazar, as we have stated there: “Rebbi Eleazar said, they forbade this only because of the other.” What is the reason of Rebbi Eleazar? It would have been logical about a vow which has to be investigated by a Sage … because a vow which does not have to be investigated by a Sage. Some Tannaïm state: She is allowed to marry without a bill of divorce. Some Tannaïm state: She is forbidden to marry without a bill of divorce. They wanted to say that he who says, she is allowed to marry without a bill of divorce, is Rebbi Eleazar, and he who says, she is forbidden to marry without a bill of divorce, are the rabbis. Everything follows the rabbis. He who says, she is allowed to marry without a bill of divorce: Since she knows that if she went to an Elder, he would dissolve her vow, since she does not go therefore she can be married without a bill of divorce. But he who says, she is forbidden to marry without a bill of divorce, that she should not go to an Elder who would dissolve her vow, then the preliminary marriage would become retroactively valid for her and it would turn out that her children become bastards. Therefore she is forbidden to marry without a bill of divorce.

Rebbi Simeon ben Laqish said, the Mishnah deals with the case that he married her preliminarily conditionally but definitively silently. But if he married her preliminarily silently and definitively silently, she can claim her ketubah. Rebbi Joḥanan said, even if he married her preliminarily silently and definitively silently, she has no ketubah. Rebbi Ḥiyya in the name of Rebbi Joḥanan: But she needs a bill of divorce from him even if he married her preliminarily conditionally but definitively silently. Rebbi Ze‘ira asked before Rebbi Mana: In case he married her preliminarily silently and divorced her after the preliminary marriage, what does Rebbi Simeon ben Laqish say? Let us hear from the following: “If she had bodily defects, as long as she is in her father’s house, the father has to prove.” This implies that if the father proved his case, she can claim her ketubah. What do you see to say, if he married her preliminarily silently and divorced her after the preliminary marriage! Where do we hold? Since afterwards [it is stated]: “When was this said? For hidden defects, but he has no claim about visible defects.” If he [made it conditional], could he not also claim for visible ones? But did not the colleagues say before Rebbi Yose: Should we say that the following statement disagrees with Rebbi Simeon ben Laqish? “Once she entered her husband’s domain, the husband has to prove.” This implies that if the husband proved his case, she has no claim to ketubah. But by the statement of Rebbi Simeon ban Laqish, she has a claim to ketubah. Rebbi Cohen in the name of the rabbis of Caesarea: The Mishnah deals with the case that he definitively married her but did not sleep with her; Rebbi Simeon ben Laqish speaks about the case that he definitively married her and slept with her; I am saying that she was acceptable to him since he took her to bed.

Rebbi Simeon ben Laqish said, the Mishnah deals with the case that he married her preliminarily conditionally but definitively silently. But if he married her preliminarily silently and definitively silently, she can claim her ketubah. Rebbi Joḥanan said, even if he married her preliminarily silently and definitively silently, she has no ketubah. Rebbi Ḥiyya in the name of Rebbi Joḥanan: But she needs a bill of divorce from him even if he married her preliminarily conditionally but definitively silently. Rebbi Ze‘ira asked before Rebbi Mana: In case he married her preliminarily silently and divorced her after the preliminary marriage, what does Rebbi Simeon ben Laqish say? Let us hear from the following: “If she had bodily defects, as long as she is in her father’s house, the father has to prove.” This implies that if the father proved his case, she can claim her ketubah. What do you see to say, if he married her preliminarily silently and divorced her after the preliminary marriage! Where do we hold? Since afterwards [it is stated]: “When was this said? For hidden defects, but he has no claim about visible defects.” If he [made it conditional], could he not also claim for visible ones? But did not the colleagues say before Rebbi Yose: Should we say that the following statement disagrees with Rebbi Simeon ben Laqish? “Once she entered her husband’s domain, the husband has to prove.” This implies that if the husband proved his case, she has no claim to ketubah. But by the statement of Rebbi Simeon ban Laqish, she has a claim to ketubah. Rebbi Cohen in the name of the rabbis of Caesarea: The Mishnah deals with the case that he definitively married her but did not sleep with her; Rebbi Simeon ben Laqish speaks about the case that he definitively married her and slept with her; I am saying that she was acceptable to him since he took her to bed.

Rebbi Simeon ben Laqish said, the Mishnah deals with the case that he married her preliminarily conditionally but definitively silently. But if he married her preliminarily silently and definitively silently, she can claim her ketubah. Rebbi Joḥanan said, even if he married her preliminarily silently and definitively silently, she has no ketubah. Rebbi Ḥiyya in the name of Rebbi Joḥanan: But she needs a bill of divorce from him even if he married her preliminarily conditionally but definitively silently. Rebbi Ze‘ira asked before Rebbi Mana: In case he married her preliminarily silently and divorced her after the preliminary marriage, what does Rebbi Simeon ben Laqish say? Let us hear from the following: “If she had bodily defects, as long as she is in her father’s house, the father has to prove.” This implies that if the father proved his case, she can claim her ketubah. What do you see to say, if he married her preliminarily silently and divorced her after the preliminary marriage! Where do we hold? Since afterwards [it is stated]: “When was this said? For hidden defects, but he has no claim about visible defects.” If he [made it conditional], could he not also claim for visible ones? But did not the colleagues say before Rebbi Yose: Should we say that the following statement disagrees with Rebbi Simeon ben Laqish? “Once she entered her husband’s domain, the husband has to prove.” This implies that if the husband proved his case, she has no claim to ketubah. But by the statement of Rebbi Simeon ban Laqish, she has a claim to ketubah. Rebbi Cohen in the name of the rabbis of Caesarea: The Mishnah deals with the case that he definitively married her but did not sleep with her; Rebbi Simeon ben Laqish speaks about the case that he definitively married her and slept with her; I am saying that she was acceptable to him since he took her to bed.

Rebbi Simeon ben Laqish said, the Mishnah deals with the case that he married her preliminarily conditionally but definitively silently. But if he married her preliminarily silently and definitively silently, she can claim her ketubah. Rebbi Joḥanan said, even if he married her preliminarily silently and definitively silently, she has no ketubah. Rebbi Ḥiyya in the name of Rebbi Joḥanan: But she needs a bill of divorce from him even if he married her preliminarily conditionally but definitively silently. Rebbi Ze‘ira asked before Rebbi Mana: In case he married her preliminarily silently and divorced her after the preliminary marriage, what does Rebbi Simeon ben Laqish say? Let us hear from the following: “If she had bodily defects, as long as she is in her father’s house, the father has to prove.” This implies that if the father proved his case, she can claim her ketubah. What do you see to say, if he married her preliminarily silently and divorced her after the preliminary marriage! Where do we hold? Since afterwards [it is stated]: “When was this said? For hidden defects, but he has no claim about visible defects.” If he [made it conditional], could he not also claim for visible ones? But did not the colleagues say before Rebbi Yose: Should we say that the following statement disagrees with Rebbi Simeon ben Laqish? “Once she entered her husband’s domain, the husband has to prove.” This implies that if the husband proved his case, she has no claim to ketubah. But by the statement of Rebbi Simeon ban Laqish, she has a claim to ketubah. Rebbi Cohen in the name of the rabbis of Caesarea: The Mishnah deals with the case that he definitively married her but did not sleep with her; Rebbi Simeon ben Laqish speaks about the case that he definitively married her and slept with her; I am saying that she was acceptable to him since he took her to bed.

Rebbi Simeon ben Laqish said, the Mishnah deals with the case that he married her preliminarily conditionally but definitively silently. But if he married her preliminarily silently and definitively silently, she can claim her ketubah. Rebbi Joḥanan said, even if he married her preliminarily silently and definitively silently, she has no ketubah. Rebbi Ḥiyya in the name of Rebbi Joḥanan: But she needs a bill of divorce from him even if he married her preliminarily conditionally but definitively silently. Rebbi Ze‘ira asked before Rebbi Mana: In case he married her preliminarily silently and divorced her after the preliminary marriage, what does Rebbi Simeon ben Laqish say? Let us hear from the following: “If she had bodily defects, as long as she is in her father’s house, the father has to prove.” This implies that if the father proved his case, she can claim her ketubah. What do you see to say, if he married her preliminarily silently and divorced her after the preliminary marriage! Where do we hold? Since afterwards [it is stated]: “When was this said? For hidden defects, but he has no claim about visible defects.” If he [made it conditional], could he not also claim for visible ones? But did not the colleagues say before Rebbi Yose: Should we say that the following statement disagrees with Rebbi Simeon ben Laqish? “Once she entered her husband’s domain, the husband has to prove.” This implies that if the husband proved his case, she has no claim to ketubah. But by the statement of Rebbi Simeon ban Laqish, she has a claim to ketubah. Rebbi Cohen in the name of the rabbis of Caesarea: The Mishnah deals with the case that he definitively married her but did not sleep with her; Rebbi Simeon ben Laqish speaks about the case that he definitively married her and slept with her; I am saying that she was acceptable to him since he took her to bed.

Rebbi Simeon ben Laqish said, the Mishnah deals with the case that he married her preliminarily conditionally but definitively silently. But if he married her preliminarily silently and definitively silently, she can claim her ketubah. Rebbi Joḥanan said, even if he married her preliminarily silently and definitively silently, she has no ketubah. Rebbi Ḥiyya in the name of Rebbi Joḥanan: But she needs a bill of divorce from him even if he married her preliminarily conditionally but definitively silently. Rebbi Ze‘ira asked before Rebbi Mana: In case he married her preliminarily silently and divorced her after the preliminary marriage, what does Rebbi Simeon ben Laqish say? Let us hear from the following: “If she had bodily defects, as long as she is in her father’s house, the father has to prove.” This implies that if the father proved his case, she can claim her ketubah. What do you see to say, if he married her preliminarily silently and divorced her after the preliminary marriage! Where do we hold? Since afterwards [it is stated]: “When was this said? For hidden defects, but he has no claim about visible defects.” If he [made it conditional], could he not also claim for visible ones? But did not the colleagues say before Rebbi Yose: Should we say that the following statement disagrees with Rebbi Simeon ben Laqish? “Once she entered her husband’s domain, the husband has to prove.” This implies that if the husband proved his case, she has no claim to ketubah. But by the statement of Rebbi Simeon ban Laqish, she has a claim to ketubah. Rebbi Cohen in the name of the rabbis of Caesarea: The Mishnah deals with the case that he definitively married her but did not sleep with her; Rebbi Simeon ben Laqish speaks about the case that he definitively married her and slept with her; I am saying that she was acceptable to him since he took her to bed.

MISHNAH: If a woman inherited property before she became preliminarily married, the Houses of Shammai and Hillel agree that if she sells or gives it away it is valid. If she inherited after she became preliminarily married, the House of Shammai say she may sell, the House of Hillel say she should not sell, but both of them agree that if she sold or gave it away it is valid. Rebbi Jehudah said: They said before Rabban Gamliel: If he obtained the right to the woman, should he not also acquire the right to the property? He said to them, are we not ashamed about the new [properties] and you want to burden us with the old ones?

MISHNAH: If a woman inherited property before she became preliminarily married, the Houses of Shammai and Hillel agree that if she sells or gives it away it is valid. If she inherited after she became preliminarily married, the House of Shammai say she may sell, the House of Hillel say she should not sell, but both of them agree that if she sold or gave it away it is valid. Rebbi Jehudah said: They said before Rabban Gamliel: If he obtained the right to the woman, should he not also acquire the right to the property? He said to them, are we not ashamed about the new [properties] and you want to burden us with the old ones?

HALAKHAH: “If a woman inherited property,” etc. So is the Mishnah: Before she was preliminarily married. What is the difference between before she was preliminarily married and after she was preliminarily married? Before she was preliminarily married, it fell to her; after she was preliminarily married it fell to her and him.

HALAKHAH: “If a woman inherited property,” etc. So is the Mishnah: Before she was preliminarily married. What is the difference between before she was preliminarily married and after she was preliminarily married? Before she was preliminarily married, it fell to her; after she was preliminarily married it fell to her and him.

HALAKHAH: “If a woman inherited property,” etc. So is the Mishnah: Before she was preliminarily married. What is the difference between before she was preliminarily married and after she was preliminarily married? Before she was preliminarily married, it fell to her; after she was preliminarily married it fell to her and him.

HALAKHAH: “If a woman inherited property,” etc. So is the Mishnah: Before she was preliminarily married. What is the difference between before she was preliminarily married and after she was preliminarily married? Before she was preliminarily married, it fell to her; after she was preliminarily married it fell to her and him.

HALAKHAH: “If a woman inherited property,” etc. So is the Mishnah: Before she was preliminarily married. What is the difference between before she was preliminarily married and after she was preliminarily married? Before she was preliminarily married, it fell to her; after she was preliminarily married it fell to her and him.

Rebbi Jehudah said, they argued before Rabban Gamliel: Because preliminarily married she is his wife and definitively married she is his wife; just as the sale by the latter is void, the sale by the former also should be void. He said to them, we are ashamed of the new ones, now you want to roll the new on over the old ones! The new ones, after the definitive marriage; the old ones before the definitive marriage, when she was married in the second ceremony.

HALAKHAH: “If she inherited after she was definitively married,” etc. We did state: She may sell or give away and it is valid. Rebbi Ḥiyya stated: She should not sell or give away, but if she sold or gave away it is valid. ”Rebbi Ḥanina ben Aqiba said, that is not what Rabban Gamliel gave as answer, but the following was his argument: No, if you have an argument about a preliminarily married one, where he has rights neither to what she finds, nor to her handiwork, nor to dissolve her vows, what can you say about a definitively married one where he has rights to what she finds, to her handiwork, and to dissolve her vows? Let the proof be the case of one who [inherited] before the definitive marriage and then was definitively married, in which case he has rights to what she finds, to her handiwork, and to dissolve her vows, and you admit to us that she should not sell or give away. He said to them, I agree that she should not sell or give away, but if she sold or gave away it is valid..” There came a case before Rebbi Immi. He said, is not Rabban Gamliel’s an isolated opinion? One cannot rely on it. A baraita supports him and disagrees with him: ”Our teachers took up the case again, voted, and instructed about property which she inherited before the definitive marriage and then was definitively married, that she should not sell or give away, and if she sold or gave away it is invalid.” It disagrees that the sale is invalid. It agrees that our teachers took up the case again, instructed, and voted. Before they voted, they did not disagree with him.